**Prior additionals are defined as additional mandatory suspensions imposed pursuant to MCL257.904(10)(11)(12) or former MCL257.904(2) or (4) for driving during a period suspension or -DWLS/R Drove While License Suspended/Revoked

General Requirements:

Defendant must provide VIN# and plate# to court

Immobilization starts afer imprisonment

Immobilization applies if defendant is owner, co-owner, lessee or co-lessee

If defendant is not the owner, immobilization applies if owner knowingly permitted defendant to operate vehicle

A Michigan OUIL law was established in 1983, for OUIL in Michigan that requires any person arrested and convicted for any OUIL, alcohol-related driving violation (OUIL/OWI/UBAL) to undergo an alcohol assessment.

This OUIL alcohol assessment is completed before a person is sentenced on any violation (OUIL/OWI/UBAL).

The alcohol assessment is used to determine if a person has a substance abuse problem, and if so, whether rehabilitation will be of benefit. The defendant is then responsible for paying the cost (usually around $65) of the screening and assessment and all rehabilitative services.

OUIL/OWI/UBAL are three specific types of charges in Michigan involving the use of alcohol while driving a car for which you could be arrested and prosecuted. They stand for:

Operating Under the Influence of Liquor (OUIL)

Operating While Impaired (OWI)

Unlawful Blood Alcohol Level (UBAL)

To meet with an attorney regarding the specifics of your alcohol related arrest, please contact the firm for a free initial consultation.

Criminal Procedure : Expungement

Purpose : The purpose of the expungement statute is to expunge the record of one-time offenders who satisfy the requirements of the act.

Applicability – Time : An application for expungement of a criminal conviction may not be filed until five years after imposition of the sentence, or until five years after completion of any term of imprisonment, whichever occurs later. MCL 780.621(3)

Test – Nature of Offense : Upon application, a court may set aside a conviction upon a showing that the circumstances and behavior of the applicant from the date of the conviction to the filing of the application warrant the set aside and that setting aside the conviction is consistent with the public welfare. The nature of an offense does not alone preclude the setting aside of an offender’s record and will not justify denial of a petition to set aside a conviction. Rather, the circumstances and behavior of the applicant must be weighed against the public welfare. MCL 780.621(9)

Multiple Convictions – Misdemeanors : A person who is convicted of not more than one offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person may have only one conviction expunged. Thus, a person convicted of only one offense may obtain expungement, but a person convicted of more than one offense may not obtain expungement. Multiple offenses which disqualify a person from expungement include any convictions, whether misdemeanor or felony. MCL 780.621(1)

Controlled Substances – Delivery of 50 to 224 Grams : Generally, a person who is convicted of not more than one offense may apply with the convicting court for the entry of an order setting aside the conviction. However, a court may not set aside a conviction for a felony for which the maximum penalty is life in prison or a conviction for a traffic offense. The offense of delivery of between 50 and 224 grams of cocaine is subject to expungement. MCL 780.621(1), MCL 780.621(2)

Controlled Substances – Possession of 50 to 224 Grams – Lifetime Probation : A sentence of lifetime probation imposed for a controlled substances offense may not be altered except by imposing imprisonment. An expungement of a conviction is a reduction in a sentence of lifetime probation, and thus is improper. MCL 771.2, MCL 780.621

Criminal Sexual Conduct, Third-Degree. Statutory Amendment – Retroactivity : The expungement statute is remedial and does not create new or destroy existing rights. The setting aside of a conviction is a privilege and conditional, and is not a right. Consequently, an amendment to the statute applies retroactively. In the case of People v Link, the defendant requested expungement of his third-degree criminal sexual conduct conviction, which the trial court denied. After the filing of his application for expungement, the expungement statute was amended to preclude the expungement of third-degree criminal sexual conduct convictions. Because the expungement statute applies retroactively, it precludes the expungement of the defendant’s record. MCL 780.621

Juvenile Offense : A court may at any time for good cause expunge its own files and records pertaining to an offense by a minor other than certain offenses, including an offense which would be a criminal traffic violation if committed by an adult. The court must expunge the files and records when the person becomes thirty years old. MCR 5.925(E)(2), MCR 5.925(E)(3)(a)

To meet with an attorney regarding the specifics of your arrest, contact the firm for a free initial consultation.

The Law Office of Joseph F. Awad, P.C. is Michigan’s Premier Criminal Defense Law Firm. Centrally located in Farmington Hills for Client Visits.

Contact us If you recently violated your probation, or were arrested for assault and battery, possession of a controlled substance, such as cocaine or marijuana, domestic violence, possession of paraphernalia, or any other crime. There are legal actions we can take to help you.

Consequences of Violation of Probation

Upon finding a probationer guilty of violating a condition of probation, a sentencing court may:

Continue probation without punishment for the violation

Modify the conditions of probation or extend the period of probation

Revoke probation and sentence the defendant on the underlying offense.

Probation – Revocation

The granting of probation is a matter of grace with no vested right to its continuance. If during probation it appears that the probationer is likely to again engage in criminal conduct, the court may revoke probation.

If probation is revoked, the court may sentence the probationer in the same manner and to the same penalty as it could have done if probation had never been granted.

MCL 771.4, MCR 6.445(G)

Michigan Assault and Battery,Domestic Violence Law, Laws:

A. ASSAULT AND BATTERY [MCLA 750.81]
Michigan Law defines a criminal assault and battery as an attempt or offer to do bodily injury with a present intention and ability to do so. See above. Assault is an attempt or threat, with unlawful force, to inflict bodily injury upon another, accompanied by the apparent present ability to carry out the intent if not deterred by another. A threat coupled with present ability may be considered an assault. Battery is the actual physical harm.

B. AGGRAVATED ASSAULT/ASSAULT AND INFLICTION OF SERIOUS INJURY. [MCLA 750.81a]
Any person who shall assault another without any weapon and inflict serious or aggravated injury upon the person of another without intending to commit the crime of murder and without intending to inflict great bodily harm less than the crime of murder, shall be guilty of a high misdemeanor, punishable by imprisonment in the county jail or the state prison for a period of not more than one year or a fine of $500 or both.

C. FELONIOUS ASSAULT [MCLA 750.82]
A felonious assault is an assault with a dangerous weapon without an intent to inflict great bodily harm. Any person who shall assault another with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon, but without intending to commit the crime of murder, and without intending to inflict great bodily harm less than the crime of murder, shall be guilty of a felonious assault.

D. ASSAULT WITH INTENT TO DO GREAT BODILY HARM LESS THAN MURDER. Felony [MCLA 750.84]
Any person who shall assault another with intent to do great bodily harm less than the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison, not more than ten years, or by a fine of not more than $5,000.

E. ASSAULT WITH INTENT TO MAIM. Felony [MCLA 750.86]
Any person who shall assault another with intent to maim or disfigure his person by cutting out or
maiming the tongue, putting out or destroying an eye, cutting or tearing off an ear, cutting or slitting or mutilating the nose or lips or cutting off or disabling a limb, organ, or member, shall be guilty of a felony, punishable by imprisonment in the state prison not more than ten years or by fine of not more than $5,000.

F. ASSAULT WITH INTENT TO COMMIT MURDER. Felony [MCLA 750.83]
Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.

G. CRIMINAL SEXUAL CONDUCT. {MCLA 750.520}
There are four degrees of criminal sexual conduct (usually known as rape). First, second, and third degrees are felonies. Fourth degree is a misdemeanor.

First and third degrees involve forced or coerced penetration. This can involve vaginal intercourse, anal or oral intercourse, or putting a finger or object in another person’s genital or anal opening.

Second and fourth degree involve forced or coerced sexual contact. This includes touching the groin, genital area, inner thigh, buttocks, or breasts, or the clothing covering those parts.

How serious the crime is depends on a number of factors such as: more than one rapist; a weapon; a physical injury other than the rape; extortion; or the element of surprise. If the victim is under 13, from 13 – 15 and the rapist is a member of the family or in a position of authority, this also makes the crime more serious. Criminal sexual conduct does not require a witness other than the survivor. It is a crime if the rapist is your spouse.

H. Malicious destruction of property [MCLA 750.377(a)]

I. Home Invasion, 3rd Degree. [MCLA 750.110(4)

If a person enters a house of another in violation of an existing court order or with the intent to or committing an assault therein, they have committed a felony.

J. Assault with intent to commit a felony [MCLA 750.87]

SUMMARY OF LAWS APPLICABLE TO DOMESTIC VIOLENCE

A. ARREST WITHOUT A WARRANT; ASSAULT AND BATTERY OR INFLICTION OF SERIOUS INJURY WITHIN HOUSEHOLD [MCLA 764.15a
This law is commonly known as the domestic violence warrant-less arrest statute. It allows the police officer to make an arrest if the officer has “reasonable cause” to believe that an assault has taken place, or is taking place, and that the person who committed the violation is a spouse, former spouse, or a person who resides or who has resided in the same household as the victim, or has a child in common with the victim. Under these circumstances, the officer may arrest the suspect without a warrant, whether the violation was committed in the presence of the officer or not.

B. ARREST WITHOUT A WARRANT FOR INJUNCTIVE ORDER VIOLATIONS. [MCLA 764.15b]
This statute gives police officers the authority to arrest and take into custody a person when the officer has reasonable cause to believe that there is a valid domestic assault restraining order with criminal penalties filed properly.

C. DOMESTIC DISPUTE VICTIMS; ADVISING OF AVAILABILITY OF SHELTER PROGRAM OR OTHER COMMUNITY SERVICES; NOTICE STATEMENT. [MCLA 764.15C]
After intervening in a domestic dispute, police officers are required by law to provide the victim with information on the availability of any local shelter program or other community services, and their phone numbers. A written notification of these services is to be given to the victim.

D. Amendment to the interim bond statute {Public Act 308, formerly Senate Bill 583MCLA 750.582.}
This law says that after a domestic assailant is arrested, he will be held until the next session of court where he will be arraigned. The only exception is if an arraignment could not take place within 24 hours. In that case, he will be released on interim bond after being held for 20 hours.

E. Court Ordered Counseling Option for Assault Violations {MCLA 769.4A }
This law states that a person who pleads guilty or is convicted of assault, or assault and battery may be ordered by the court to participate in a mandatory counseling program as a condition of probation.

F. Crime Victim’s Rights Act {MCLA 780.751}
This law establishes protections and rights that allow the victims of certain crimes committed in Michigan to be active participants in the criminal justice process. The law defines a victim as: an individual who suffers direct or threatened physical, financial, or emotional harm as the result of the commission of a crime. Crimes covered by the act include felonies and high misdemeanors.

H. Victims Seeking Help Assured of Confidentiality {MCLA 600.101}
Victims of sexual assault and domestic violence who seek the services of workers at sexual assault or domestic violence crisis centers have the protection of law that the counseling sessions are confidential and not admissible in the court without the victim’s written consent.

I. The Ann Arbor Mandatory Arrest Ordinance
There is an ordinance in Ann Arbor which states the police officers are required to arrest domestic assailants if they have reasonable cause to believe an assault took place and there are visible signs of injury or a threat with a weapon. This ordinance also requires police to call the SAFE House on-call team so that they can go to help the survivor of the assault. It requires them to call the survivor to let her know when the assailant will be released from jail.

J. Amendment to the Criminal Sexual Conduct Statute {MCLA 750.520} making spousal rape a crime. {Public Act 138 of 1988}
A spouse can be charged with rape of his partner in Michigan.

K. STALKING LAWS
Stalking is a crime in Michigan. A victim may press charges against stalker, obtain a restraining order with provisions for immediate arrest and criminal contempt penalties, and sue for actual and exemplary damages caused by the stalker.

1. Stalking – MCLA 750.411h
Stalking is defined as a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Behavior such as following the victim, showing up at his/her home or at work, confronting him/her in public or in private, making unwanted calls or sending unwanted letters, or leaving objects or “presents” for him/her at home, work, on/in his/her car or other property can be used as evidence of stalking. Stalking is a misdemeanor, punishable by imprisonment of up to one year and/or a fine of up to $1,000. In addition to incarceration and fines, an individual found guilty of stalking may also be put on probation for up to five years. The terms of probation may include an anti-stalking order, a no contact order, and/or mandatory counseling for the assailant, at his one’s expense.

2. Aggravated Stalking – MCLA 750.411i
An individual who engages in stalking is guilty of aggravated stalking if his actions include one or more of the following: making a credible threat of injury to the victim or a member of the victim’s family or household; violating a domestic assault or anti-stalking restraining order; violating a condition of bond, pre-trial release or probation arising from a stalking charge; or having a previous conviction for stalking or aggravated stalking. Aggravated stalking is a felony, punishable by imprisonment of up to five years, and/or a fine of up to $5,000. In addition to incarceration and fines, probation may be ordered for any number of years, but not less than five years. The terms of probation may include an anti-stalking order, a no contact order, and/or mandatory counseling for the stalker, at his own expense.

3. Anti-Stalking Restraining Orders – MCLA 600.2950a, MCLA 764.15b
A victim of stalking may petition the court for a restraining order to prohibit stalking behaviors. The order must be specific as to the particular behaviors to be restrained, but may include (though not be limited to): Following or appearing within the sight of the victim, Approaching or confronting the victim in a public place or on private property; Appearing at the victim’s home, work, or school; Entering onto or remaining on property owned, leased, or occupied by the victim; Contacting the victim by telephone, mail or electronic mail; and Placing an object on or delivering an object to property owned, leased, or occupied by the victim. Violation of a valid anti-stalking restraining order is punishable by immediate arrest and the criminal contempt powers of the court. If found guilty of criminal contempt, the stalker may be sentenced to up to 90 days in jail and/or fined up to $500.00. An individual who violates an anti-stalking order may also be prosecuted and convicted of aggravated stalking for the same violation. [MCLA 750.411i(6)]

2. PERSONAL PROTECTION ORDERS

Personal protection orders (formerly restraining orders) (pursuant to MCLA 600.2950) are civil orders of the circuit court designed to protect domestic violence victims. The victim must demonstrate to the circuit court that there is reasonable cause to believe that the person they are seeking the order against may commit one or more of the acts. An attorney is needed to present this complaint to the circuit court. The request must state specific incidents of assaults/ and/or threats, and may describe injuries sustained and names of witnesses.

Personal protection orders (pursuant to MCLA 600.2950) are for domestic violence victims only. A relationship must exist between the victim or the perpetrator. They must be: married, formerly married, residing together, formerly residing together, have a child in common, or have a dating or formerly dating relationship.

Personal protection orders can prohibit the assailant from: assaulting, beating, molesting or wounding, entering on to the premises, removing minor children from the individual having legal custody, threatening to kill or physically injure a named person, interfering with the victim at her place of employment, engaging in conduct which impairs the victim’s employment relationship or environment, or any other specific act that imposes a restraint upon the victim’s personal liberty or causes a reasonable apprehension of violence.

Stalking language (MCLA 600.2450A) can be added to personal protection orders that restrains the assailant from: following or appearing within the sight of the victim approaching or confronting the victim in a public place or private property approaching at the victim’s home, work or school entering onto or remaining on property owned, leased or occupied by the victim contacting the victim by telephone, mail or electronic mail placing an object on or delivering an object to property owned, leased, or occupied by the victim. The circuit court judge decides whether to issue a personal protection order. If the judge does not, s/he must immediately state in writing and on the record the reasons for so refusing. Victim may keep her address confidential. The order goes into effect immediately after the judge signs it. Service may be by registered mail. The assailant has an opportunity to object and to appear for a hearing. Police may arrest without a warrant when an assailant violates a personal protection order. A “show cause” hearing is held. If the assailant is found by the judge to have violated the order of the court, the assailant could be sentenced to up to 93 days in jail and receive a $500 fine or both.

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License Revocation in Plymouth, MI; Restricted License Granted

"Joseph Awad provided me with excellent service. I was going in front of the D.L.A.D. to apply for a restricted driver's license after my 2nd DUI conviction. Mr. Awad was very reliable and detailed in preparing me for the hearing. ... Any questions I had he was able to provide me with the answers I needed and promptly returned my phone calls. In the end I was granted my restricted license and Mr. Awad was of great assistance through the whole process. I also had a situation where I locked my keys in my car when it was running and had my license revoked. ... Mr. Awad was on vacation and returned my phone call while on his leisure time. ... Mr. Awad prepared me for that process as well and again he helped me to prove that I am responsible enough to safely operate a vehicle. I would recommend him to others in the future."

- RB, Plymouth, MI

OWI Case in Oakland County, MI. Result: Dismissed

"When one is staring into the abyss of life, to lose family, livelihood, career over a DUI, the future reality of one's existence seems bleak. Then one is pulled from that abyss through the litigious determination of Joe Awad and the quality of life is restored. Attorney Awad over a lengthy court period did the impossible, he had a DUI reduced to an OWI arrangement but prior to signing the prosecutor's offer, Attorney Awad and I decided to plead a point of law. This is where Joe Awad is a litigator extraordinaire, he presented the legality of the BAC test to the judge. The judge was intrigued by this point of law and the prosecutor agreed with the finding. The court ruled the evidence invalid and dismissed the case. The result was a traffic fine. My family and especially myself have much to thank him for his due diligence in handling this case. Well done, sir!"

- P.H

OWI Charge Reduced to Careless Driving

"Handling my own OWI would have guaranteed me a conviction, but Joseph Awad defended me in corners I never would have thought to look. My first phone call to him set the tone; he helped to gain perspective and move forward with my defense. I was initially offered a lesser charge of visually impaired driving, which was still financially, legally and personally onerous to accept. Attorney Awad was crucial in helping me understand all my options and outcomes, not just the one offered to me. On my own, I would've accepted this lesser charge as well, but on Attorney Awad's advice--honest and impartially given-- I pursued a further reduction of charges. Attorney Awad was spot on. He successfully argued for reducing my OWI to careless driving, a harmless traffic offense."

"Joe was amazing throughout my almost 6-month ordeal. He had a strategy from the very beginning and never wavered from it. He was extremely thorough and constantly kept an open line of communication from start to finish. After several preliminary hearings where Attorney Awad successfully improved my defense, the case went to trial. Attorney Awad was more than prepared with our defense and how the prosecution would attempt to try the case, very detailed and kept me thinking positive the entire time. The jury returned with a NOT GUILTY verdict. I highly recommend Attorney Awad for your case. You won't regret the decision!"